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Topic: Age of criminal responsibility


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In the News (Mon 18 Mar 19)

  
  Defense of infancy - Wikipedia, the free encyclopedia
In Scotland the age of responsibility is eight years, In England and Wales and Northern Ireland the age of responsibility is ten years and in the Netherlands and Canada, the age of responsibility is twelve years.
As the treaty parties of the Rome Statute of the International Criminal Court could not agree on a minimum age for criminal responsibility, they chose to solve the question procedurally and excluded the jurisdiction of the Court for persons under 18 years.
Alternatively, the lack of real fault in the offender can be recognized by rulings that dispense mitigated criminal sentences or address more practical matters of parental responsibility by adjusting the rights of parents to unsupervised custody, or by separate criminal proceedings against the parents for breach of their duties as parents.
en.wikipedia.org /wiki/Age_of_criminal_responsibility   (1015 words)

  
 Progress of Nations 1997 Special Protections - Progress and Disparity
International standards, such as the Beijing Rules for juvenile justice, recommend that the age of criminal responsibility be based on emotional, mental and intellectual maturity and that it not be fixed too low.
In all Scandinavian countries, the age of criminal responsibility is 15, and adolescents under 18 are subject to a system of justice that is geared mostly towards social services, with incarceration as the last resort.
The wide variation in age of criminal responsibility reflects a lack of international consensus, and the number of countries with low ages indicates that many juvenile justice systems do not adequately consider the child's best interests.
www.unicef.org /pon97/p56a.htm   (578 words)

  
 By Theme or Subject Matter - Legal Rights - Juvenile Offenders and Children - Concluding Observations - up to August ...
The low age of criminal responsibility (8 years old) and the status of children between 16 and 18 years old who are considered by penal law as adults and are thus examined by adult courts are matters of deep concern.
The provisions for the minimum age of marriage for girls at 15 years, the sentencing of children to corporal punishment, the "light bodily punishment" as an educational measure within the family, and the limitation of the right to legal counsel of children should be abolished as a matter of priority.
Nevertheless, concern is expressed at the low age of criminal responsibility (9 years); at the assumption, contained in the State party’s legislation, that a child between the ages of 9 and 14 could act with “mischievous intent”; and at the exclusion of children between the ages of 16 and 18 from the juvenile justice system.
www.bayefsky.com /themes/legal_juvenile_concluding-observations.php   (12091 words)

  
 Justice Ministry may push to lower age of criminal responsibility from 15 to 12 for 'serious' crimes - 13-09-2004 - ...
In recent weeks, children under the age of 15 have been implicated in the murders of an elderly woman and the rape and murder of a young girl.
In the first six months of this year, children under the age of 15 were implicated in 91 assaults and seven cases of rape, according to the Czech police.
France recently lowered the criminal age for criminal liability from 15 to 13.
www.radio.cz /en/article/58103   (781 words)

  
 Spain - [At What Age?...are school-children employed, married and taken to court]
In Spanish law the minimum age of employment (16 years) is the same as the age of completion of compulsory education.
Article 19 of the new Criminal Code, approved by Organizational Act 10/1995 of 23 November, raises the age of criminal responsibility to 18 years, the same as the age of civil majority.
Provisionally, pending the approval of the Act to govern the penal responsibility of minors, the competence of the juvenile courts, in proceedings conducted by reason of an offence or misdemeanour presumed to have been committed by someone under 18 years of age, extends to children aged more than 12 and less than 16 years.
www.right-to-education.org /content/age/spain.html   (407 words)

  
 Rule of Law Through Technology : Level 4 Page
Criminal law of the Republic of Albania shall also be applicable to the Albanian citizen who commits an offence within the territory of another country, when that offence is concurrently punishable, unless a final sentence has been given by a foreign court.
A criminal act is committed because of negligence when the person, although he does not want its consequences, foresees the possibility of their occurrence and with light mindedness attempts to avoid them, or when he does not foresee the consequences, but according to the circumstances, he should and could have foreseen them.
A person does not bear criminal responsibility if, at the time of the commitment of the act, he suffered from psychic or neuropsychic disorders ruining his mental balance entirely and, consequently, was unable either to control his actions or inactions, or to understand the criminal act he was committing.
pbosnia.kentlaw.edu /resources/legal/albania/crim_code.htm   (7184 words)

  
 Ageing - Wikipedia, the free encyclopedia
Age is usually measured in full years (except for young children, where this downward rounding would be too crude) and a person's birthday is often an important event.
Ageing is believed to have evolved because of the increasingly smaller probability of an organism still being alive at older age, due to predation and accidents, both of which may be entirely random and age-invariant.
Organismal ageing is generally characterized by the declining ability to respond to stress, increasing homeostatic imbalance and increased risk of disease.
en.wikipedia.org /wiki/Ageing   (1725 words)

  
 [No title]
The Criminal Law is elaborated in the Criminal Code (1889) and separate statutes such as the Young Offenders Act (1939), the Narcotics Act (1972), the Traffic Act (1981) and the Conditional Sentences Act (1918).
The Criminal Code is divided into a "general part" with provisions on jurisdiction, age of criminal responsibility, justification and excuse, sentencing and forfeiture, and a "special part" with provisions defining the different offenses and establishing the levels of punishment.
Among the mitigating factors are sudden pressures on the offender to commit the offense, the youth of the offender, and the attempt of the offender to assist in clearing the offense or limiting the harm caused by the offense.
www.ojp.usdoj.gov /bjs/pub/ascii/wfbcjfin.txt   (3507 words)

  
 The Nassau Guardian - www.thenassauguardian.com
If your son is a minor, a person under the age of 18-years-old, and has been arrested and sent to Her Majesty's Prison, Fox Hill, I advise that you immediately secure the services of an attorney.
Age of Criminal Responsibility: According to United Nations Children's Fund, "a prerequisite for a child being subjected to the penal provisions of the justice system is that such child must be of the age of criminal responsibility.
A child under the age of criminal responsibility is conclusively presumed innocent and may not be charged with a crime under any circumstances.
www.thenassauguardian.com /social_community/327235102825730.php   (476 words)

  
 8yr old rapist - age of criminal responsibility debate   (Site not responding. Last check: 2007-10-26)
But if there is to be an age of criminal responsibility it has to be the same for everyone and to reduce it would just suck more and more young people into a justice system and into juvenile institutions that would harm them and, eventually, society.
With regards the age of criminal responsibility, I think it should stay at 10 but there is a good argument behind courts being able to order positive interventions such as support for the family and counselling for the young person.
If the relationships are negative or weak, the lower-brain responses become dominant and the cognitive regulating structures do not develop to their full capacity-the young child may not fully develop the cognitive ability to control his emotions, nor develop an awareness of others' emotions.
forums.homeless.org.au /showthread.php?t=748   (2423 words)

  
 .... State of Juvenile Justice and Violence against Children in Bangladesh ...   (Site not responding. Last check: 2007-10-26)
The modern approach would be to consider whether a child can live up to the moral and psychological components of criminal responsibility; that is, whether a child by virtue of her or his individual discernment and understanding, can be held responsible for essentially antisocial behaviour.
If the age of criminal responsibility is too low or if there is no age limit at all, the notion of responsibility would become meaningless.
In Bangladesh the minimum age of criminal responsibility is seven years (section 82 of the Penal Code) while doli incapax operate as a further safeguard up to the age of 12 (Section 83 of the Penal Code).
www.daffodilvarsity.edu.bd /basfchild/annual_report8.asp   (850 words)

  
 Age of criminal responsibility internationally,age of criminal responsibility,International Juvenile ...
Age of criminal responsibility internationally,age of criminal responsibility,International Juvenile Justice,Strafvollzug für Jugendliche, jugendstrafvollzug,justicia juvenil internacional,
Age of criminal responsibility is 15 and up to 18 are handled by social service oriented system with invocation of incarceration only as a last resort.
Children of under 18 years of age are considered to be minors for the purposes of criminal law.
zimmer.csufresno.edu /~haralds/LECTURENOTES/crim109/lec10juvyjust.htm   (408 words)

  
 January 2002 - Age of Criminal Responsibility
I don't think age should be a determining factor in the rights of criminals - severity of crime should be the determinant factor as to whether or not a person faces criminal prosecution.
At age 11 a child would be in grade 6, I believe that a child of that age would definetly have the mental capabilities to commit a crime.
I think that teenagers from ages 12 to 18 make stupid mistakes, and should be punished for them, but their lives should not be runed from it just because the decided to do something that they would regret for the rest of their lives.
www.lawyers.ca /ycja/jan2002.htm   (10608 words)

  
 The Scotsman - Criminal responsibility age may be raised to 12   (Site not responding. Last check: 2007-10-26)
The move is one of a number of recommendations being made by the Scottish Law Commission in its report on age of criminal responsibility.
Ministers asked the commission to look at the issue of the age and criminal responsibility, particularly the rule which presumes a child aged under eight cannot be guilty of any offence.
It also believes that it was at this age that experts believed a child is presumed to have sufficient maturity and understanding for many civil law purposes, including participating in civil court proceedings.
thescotsman.scotsman.com /index.cfm?id=48712002   (501 words)

  
 [No title]
The definition of a completed homicide is all criminal cases causing the death of the victim regardless of whether they are charged as murder, manslaughter or assault combined with causing another persons death.
If there are reasons to believe that a criminal offense under public prosecution has been committed, a pre-trial investigation should be initiated to find out who is reasonably suspected of the crime and if there is sufficient evidence to prosecute him or her.
The seriousness of the crime, and the age and mental state of the perpetrator are all factors that are important.
www.ojp.usdoj.gov /bjs/pub/ascii/wfbcjswe.txt   (6158 words)

  
 frontline: juvenile justice: stats: state laws
In some states, a combination of the youth's age, offense, and prior record places certain juvenile offenders under the jurisdiction of both the juvenile and criminal courts.
In many states, once a juvenile is tried and convicted as an adult, he or she must be prosecuted in criminal court for any subsequent offenses.
This minimum age for criminal responsibility is 14 in Idaho, 12 in Georgia, 8 in Nevada and Washington, and 7 in Oklahoma.
www.pbs.org /wgbh/pages/frontline/shows/juvenile/stats/states.html   (704 words)

  
 Age of consent and criminal responsibility may be lowered - 07-12-2005 - Radio Prague   (Site not responding. Last check: 2007-10-26)
Last week the chamber of deputies voted in favour of lowering the age of consent and criminal responsibility by one year, sparking a widespread debate among psychologists and the public as to whether such a move is wise.
I think the age of criminal responsibility could be lowered even further - to the age of twelve for instance.
On the other hand, what I am sure about is that the age of consent in sexual matters should be the same as the age of criminal responsibility, because both imply being able to distinguish between right and wrong.
www.radio.cz /en/article/73471   (1177 words)

  
 Children Under the Age Of Criminal Responsibilityt   (Site not responding. Last check: 2007-10-26)
The law reflects this developmental process by setting minimum age limits for eligibility, such as obtaining a driver's licence at 16 or voting at 18, and by gradually holding children more accountable for their actions.
The small number of children under the age of criminal responsibility who exhibit serious behaviour problems can be dealt with more effectively by parents and the community without involving the state.
The federal government is committed to working jointly with the provinces and territories to develop a cooperative strategy for children under the age of criminal responsibility.
canada.justice.gc.ca /en/news/nr/1999/yoafact2.html   (472 words)

  
 Sinn Féin: Response to Criminal Justice Draft Legislation
Holding such young children criminally liable flies in the face of these principles and leaves the British with one of the lowest ages of criminal responsibility in Europe.
The age of criminal responsibility should be raised to at least 14.
The draft legislation fails to raise the age of criminal responsibility from 10 to 14.
www.sinnfein.ie /peace/document/141/24   (596 words)

  
 Child Offenders, Punishments for: Debatabase - Debate Topics and Debate Motions
Juvenile justice is the area of criminal law applicable to persons not old enough to be held responsible for criminal acts.
In England the age of criminal responsibility is 10 years old, Other countries have ages of criminal responsibility between these extremes, for example, Turkey (14), Romania (12), Greece (12), Spain (15); Belgium and Luxembourg also both set it at 18.
The assumption that children are not as morally culpable as adults is false, and countries like England recognise the age of criminal responsibility as 12 years.
www.idebate.org /debatabase/topic_details.php?topicID=123   (1032 words)

  
 United Nations Standard Minimum Rules for the Administration of Juvenile Justice ("The Beijing Rules")   (Site not responding. Last check: 2007-10-26)
If the age of criminal responsibility is fixed too low or if there is no lower age limit at all, the notion of responsibility would become meaningless.
In general, there is a close relationship between the notion of responsibility for delinquent or criminal behaviour and other social rights and responsibilities (such as marital status, civil majority, etc.).
The response to young offenders should be based on the consideration not only of the gravity of the offence but also of personal circumstances.
www.ohchr.org /english/law/beijingrules.htm   (7453 words)

  
 Persons Subject to Criminal Responsibility
Only a sane natural person who has attained the statutory age envisaged by this Code shall be subject to criminal responsibility.
A person who, before the commission of a crime, has attained the age of 16 years shall be subject to criminal responsibility.
A person of sound mind, who during the commission of a crime, by virtue of mental derangement could not in full measure comprehend the actual character and social danger of his actions (inaction), or control them, shall be subject to criminal responsibility.
www.russian-criminal-code.com /PartI/SectionII/Chapter4.html   (348 words)

  
 Nacro - News - Raising Age of Criminal Responsibility Long Overdue
Commenting on the Centre for Crime and Justice Studies report, which calls for the age of criminal responsibility to be raised from 10 to 14, Paul Cavadino, Chief Executive of Nacro, the crime reduction charity, said:
“A raising of this country’s unusually low age of criminal responsibility of 10 years old is long overdue.
In France the age is 13, in Germany and Italy 14, in the Scandinavian countries 15, and in Spain it is 16.
www.nacro.org.uk /templates/news/newsItem.cfm/2006092100.htm   (152 words)

  
 Should the age of criminal responsibility be lowered in NSW? - On Line Opinion - 15/7/2000
In February 2000, the Criminal Law Review Division (CLRD) of the NSW Attorney-General’s Department published a discussion paper, A Review of the Law on the Age of Criminal Responsibility of Children.
In order to be fair in holding children criminally responsible for their actions, it is important that they not only know right from wrong but also that they are able to understand and foresee the consequences of their actions, and that they have control over their actions at the time.
While the research does indicate that many children are capable of moral reasoning and decision-making capabilities by the age of 12, it is clear that other capacities that affect their understanding of the risks and likely consequences of their behaviour are still developing until mid-to-later adolescence.
www.onlineopinion.com.au /view.asp?article=1293   (934 words)

  
 BBC News | SCOTLAND | Challenge to age of criminal responsibility
Scotland has one of the lowest ages of consent in the world and under current rules children as young as eight can appear in court.
The age of criminal responsibility denotes the age below which a child is considered mentally unable to commit crime.
Following the collapse last week of a sex abuse trial because a child witness could not give evidence, the issue of children appearing in adult courts is likely to remain under scrutiny.
news.bbc.co.uk /2/hi/uk_news/scotland/1465782.stm   (302 words)

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